Patent Procedural Examination Standards Simplified. New Standards to Take Effect from 25 September 2006.

TIPO revised the patent procedural examination standards (Standards) with focus on simplifying the procedure for verifying signatures and documents presented on invalidation action and relaxing the criteria for verifying applicants’ representations on novelty grace period*, international priority date, domestic priority date claims and deposit of biological subject matter, etc.  Such representations made by the applicant will be deemed existing as long as, objectively speaking, the applicant sufficiently expresses the intent to make the representation upon application.  

 

TIPO announced and implemented the Standards on 20 May 2005 and has revised them with a view to simplifying and expediting patent procedural examination to promote administrative efficacy. 

 

* What is novelty grace period?

Where the subject matter of an invention patent or utility model patent application has been published, publicly used or otherwise made known to the public and hence entered the public domain and become part of the prior art prior to the filing date of the application

(1) for research or experimental purposes;

(2) due to being displayed in an exhibit hosted or recognized by the government; or

(3) due to whatever cause against the applicant’s will,

the applicant may, upon filing the invention patent or utility model patent application, raise the novelty grace period claim to maintain the novelty of the subject matter, provided that the application must be filed within six months from the date of the occurrence of the subject matter entering the public domain becoming a part of the prior art.  This 6-month period is the novelty grace period.

In such case, the applicant shall specify the relevant occurrences upon application except in the case provided in paragraph (3) above.  (2006.9)

/EMA